FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
14 December 2004
Our Ref.: CX-718 (Agm)
Thirty-seventh Session of the Codex Committee on Pesticide Residues; The Hague, 18 – 23 April 2005
Excellency,
I have the honour to refer to the Thirty-seventh Session of the Codex Committee on Pesticide Residues which is scheduled to be held in The Hague from 18 to 23 April 2005 at the kind invitation of the Government of the Kingdom of the Netherlands.
I very much appreciate the generous support of your Government in hosting this Committee over many years.
The Session is being convened within the framework of the Joint FAO/WHO Food Standards Programme. It is my intention to invite all Members of the FAO/WHO Codex Alimentarius Commission listed in Annex A. Notification of the Session will be given to the International Organisations listed in Annex B, which will attend as appropriate according to their specific field of interest.
Furthermore, other Member Nations or Associate Members of FAO and/or WHO, which are not members of the Codex Alimentarius Commission, or States which, while not Members of FAO or WHO, are members of the United Nations, and international organizations in relationship with FAO and/or WHO, may be represented by observers at the Session, should they so request. The total number of participants is expected to be about 300.
The Session will be conducted in English, French and Spanish. The Host Government will be responsible for providing interpreters whose curricula are to be cleared by the Chief FAO interpreter.
In order to ensure the smooth functioning of the Session, I should appreciate it if your Government would undertake to apply the following provisions:

The Government will exercise all reasonable care to ensure security on the premises in which the Session takes place and to ensure the safety of the officials of FAO and WHO and participants concerned while on such premises. The Government will take whatever steps may be reasonably required in the circumstances to ensure such security and such safety, including such supervision of the premises as may be warranted.

The Government recognizes that the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947 (hereinafter referred to as "the Convention") will be applicable to the Session. Accordingly, representatives of Governments and officials of FAO and WHO performing official functions in connection with the Session will enjoy the privileges and immunities provided by Articles V and VI of the Convention. FAO declares that participants from organisations listed in Annex B are experts on mission within the meaning of Annex II and VII to the Convention, and consequently it is agreed that they will enjoy the privileges and immunities provided by those Annexes.

Without prejudice to the provisions of the Convention, all persons performing functions in connection with the Session shall enjoy immunity from legal process in respect of words spoken or written in connection with their functions during the Session.

The Government will deal with any action, claim, or other demand against FAO, WHO or its personnel arising out of:

(i)
injury to person or damage to property in the premises provided for the Session;

(ii)
injury to person or damage to property incurred in using the transportation provided by the Government for the Session;

(iii)
the employment by the Government of temporary personnel for the Government. The Government will hold harmless FAO and WHO and its personnel in respect of any such action, claim or demand, unless these damages were caused by gross negligence or intentionally caused by personnel of FAO or WHO.

Without prejudice to their privileges and immunities, it is the duty of all participants enjoying privileges and immunities to respect the laws and regulations of the Netherlands. They also have a duty not to interfere in the internal affairs of the Netherlands.

Any dispute concerning the interpretation or implementation of this Agreement, except for a dispute subject to the appropriate provisions of the Convention or of any other applicable agreement, will, unless the parties otherwise agree, be submitted to a tribunal of three arbitrators, one of whom will be appointed by the Director-General of FAO, one by the Government, and the third, who will be the chairman, by the other two arbitrators. If either party does not appoint an arbitrator within three months of the other party having notified the name of its arbitrator, or if the first two arbitrators do not within three months of the appointment or nomination of the second one of them appoint the chairman, then such arbitrator will be nominated by the President of the International Court of Justice at the request of either party to the dispute. Except as otherwise agreed by the parties, the tribunal shall adopt its own rules of procedure, provide for reimbursement of its members and the distribution of expenses between the parties, and take all decisions by a two-thirds majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the parties, be binding on both of them.
I should appreciate receiving your Government's acceptance by letter or by telefax of the above responsibilities as soon as possible, so that invitations and documents may be prepared and issued in good time. This letter and your reply will constitute the Agreement covering the Session.
Accept, Excellency, the assurance of my highest consideration.
DAVID A. HARCHARIK
Officer-in-Charge
General Affairs and Information Department
His Excellency
Ewald Wermuth
Permanent Representative of the Kingdom of the Netherlands to the UN
Organizations for Food and Agrictulture
Rome

PERMANENT REPRESENTATION OF THE KINGDOM OF THE NETHERLANDS TO THE UN ORGANISATIONS FOR FOOD AND AGRICULTURE (FAO)
Rome, 21 December 2004
No. ROF-2004/716
EW/pg
Subject: Thirty-seventh Session of the Codex Committee on Pesticide Residues, The Hague, 18-23 April 2005
Dear Mr Harcharik,
I have the honour to refer to your letter CX-718 (Agm) of 14 December 2004, relating to an agreement to be concluded between the Government of the Kingdom of the Netherlands and the Food and Agriculture Organization of the United Nations (FAO) concerning the Thirty-seventh Session of the Codex Committee on Pesticide Residues, which is scheduled to be held in The Hague from 18 to 23 April 2005, which reads as follows:
[Red: (Zoals in Nr. I)]
I am authorised by the Government of the Kingdom of the Netherlands to state that it agrees to the proposals regarding the organization of the Session and to state that the Government of the Kingdom of the Netherlands considers your letter and my reply as together constituting an Agreement between the Government of the Kingdom of the Netherlands and the Food and Agriculture Organization of the United Nations in respect of the Thirty-seventh Session of the Codex Committee on Pesticide Residues, which shall enter into force on the date of this reply and shall remain in force for the duration of the Session and for such additional period as is necessary for its preparation and winding up, the total duration of this Agreement, however not to exceed one year.
Please accept, Sir, the assurances of my highest consideration.
Yours sincerely,
EWALD WERMUTH
Ambassador
Permanent Representative
Mr David A. Harcharik
Officer-in-Charge
General Affairs and Information Department
F.A.O.
Via delle Terme di Caracalla
Rome